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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 3. Prehearing Procedure Discovery, and Motions

§372.3. Deposition.

(a) The Appeals Board or a party to the proceeding may cause the deposition
of a person to be taken. At the request of a party, the Appeals Board may issue
a subpoena re deposition and subpoena duces tecum re deposition to compel the
person to appear for deposition, and to produce books, documents, or other things.
Compliance with the provisions of Section 1985 of the Code of Civil Procedure
shall be a condition precedent to the issuance of a subpoena duces tecum re
deposition.

(b) When a person resides outside the state, the Appeals Board, if requested
by a party to the proceeding, shall attempt, when possible, to have a like agency
in the other state take the deposition.

(c) A person who is subpoenaed and required to give a deposition is entitled
to receive the same witness fees and mileage as if the subpoena required the
person to attend and testify at the hearing. See Section 382 for amount of witness
fees and mileage.

(d) No person is obligated to attend at a place out of the county of residence
unless the distance is less than 75 miles from the place of residence except
that the Appeals Board, upon affidavit or declaration of a party showing good
cause, may endorse on the subpoena re deposition an order requiring the attendance
of such person.

(e) Depositions shall be noticed, taken, filed, and used in the manner prescribed
by Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part
4 of the Code of Civil Procedure.

(f) Upon timely motion of a party or the person to be examined or notified
to produce books, documents, or other things, or upon its own motion, after
notice to the parties and an opportunity to be heard, upon a showing of good
cause, the Appeals Board may order that the deposition not be taken, or that
it may be taken only at some designated time or place other than stated in the
notice of taking deposition or subpoena, or that the deposition may be taken
outside the county of residence of the person to be examined and at a place
more than 150 miles from the place of residence, or that certain matters shall
not be inquired into, or that the scope of the examination shall be limited
to certain matters, books, documents, or other things, or that the confidentiality
of evidence described at Section 376.6(a) be appropriately protected. In addition,
the Appeals Board may make any other order as may be appropriate to protect
a party or person from unreasonable or oppressive demands.

2. Amendment of subsection (c) and Note filed 6-23-97; operative 7-1-97 (Register
97, No. 26). This interim regulation is exempt from most of the procedural requirements
of the Administrative Procedure Act (specifically, from Articles 5 and 6 of
Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office
of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21
and will expire on December 31, 1998, unless earlier terminated or replaced
by, or readopted as, permanent following the procedures of the Administrative
Procedure Act.